Existing law generally regulates classes of insurance, including residential property insurance. Existing law requires an insurer to send various notices to a policyholder at specified intervals. Existing law imposes liability for physical invasion of privacy on a person if the person knowingly enters onto the land or into the airspace above the land of another person without permission or otherwise commits a trespass in order to capture any image or recording of the other person engaging in a private activity and the invasion occurs in a manner that is offensive to a reasonable person.

This bill would require a residential property insurer to notify a policyholder at least 30 days in advance of the day that a remotely operated unmanned aircraft will be used to take aerial images of the insured property, as specified, unless a claim has been submitted or is pending on the property and the images will be used only for evaluating the claim. The bill would require the insurer to provide the aerial images upon request, and would require the notice to include instructions regarding how a policyholder may make that request. The bill would, if a residential property insurer gathered sufficient evidence for the termination of a residential property insurance contract during an inspection of a policyholder’s property that was conducted by the use of a remotely operated unmanned aircraft, require the company to provide written notice to the policyholder of specified information, including the reason for the potential termination of the contract and what the policyholder is required to do to comply with the provisions of the contract, and to provide copies of the evidence gathered during the inspection. The bill would require the insurer to give the policyholder 120 days to remedy the issue, and would prohibit the insurer from canceling the contract if the policyholder provides documentation that indicates that the work was completed to comply with the contract, as specified. The bill would require an insurer to destroy any evidence that is in their possession that was collected from or generated by a remotely operated unmanned aircraft no later than 90 days after the data has been collected or generated, subject to specified exceptions.

Existing law makes it a misdemeanor to enter or remain upon any property that is posted against trespassing and loitering, as specified, without the written permission of the owner, tenant, or occupant in legal possession or control of the property. Existing law makes it a misdemeanor to operate an unmanned aerial vehicle at the scene of an emergency for the purpose of viewing the scene or the activities of emergency responders, as specified.

Existing law makes it a misdemeanor for a person to enter into a school building or upon school grounds, or on public property adjacent to the school, and interfere with or disrupt the activities of the school by remaining on or reentering the property after being asked to leave, or creating a disruption with the intent to threaten the safety of a pupil, as specified.

Existing law makes it an infraction, punishable by a fine of $500, for a person to operate an unmanned aircraft on or above the grounds of a penal institution, as specified.

This bill would increase that penalty to $1,000.